Allahabad High Court
SUNDAR AL DHURIYAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as not pressed.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Special Case No. 1814 of 2024) arising from offences under IPC Section 354 and Sections 7/8 of the POCSO Act. The court noted that the applicant had earlier filed a similar application (No. 719 of 2026) which had already been dismissed by a coordinate bench. During the hearing, the applicant’s counsel expressed that they did not wish to pursue the present application. Consequently, the court dismissed the application as not pressed. The certified copy of the documents was ordered to be returned to the applicant’s counsel after retaining a xerox.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 can be entertained after a prior similar application has been dismissed
- Whether the present application is considered 'pressed' for the purpose of adjudication
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 354
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- Section 528
- quash proceedings
- application dismissed
- not pressed
- criminal procedure
- POCSO Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 21481 of 2025
Sundar Lal Dhuriya
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : A Kumar Srivastava, Neeja Srivastava,
Prashant Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Virendra Singh, Advocate holding brief of Shri Neeja Srivastava, learned
counsel for the applicant, Shri Abhishek Kumar, learned A.G.A. for the State
and perused the material on record.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant to quash the entire proceedings
of Special Case No. 1814 of 2024, arising out of case crime No. 178 of
2022, under Section 354-Ka, I.P.C. and Section 7/8 of Protection of Children
from Sexual Offences Act, Police Station- Koraown, District Prayagraj as
well as cognizance/summoning order dated 1.8.2024, pending in the court of
Special Judge (POCSO Act), Prayagraj.
Learned A.G.A. pointed out that the present applicant has filed another
application No. 719 of 2026, which has been dismissed on 30.1.2026 by a
Coordinate Bench of this Court for the same relief.
After some arguments, learned counsel for the applicant does not want to
press this application and the same may be dismissed as not pressed.
The instant application is dismissed as not pressed accordingly.
Office shall return the certified copy of the documents to the learned counsel
for the applicant, after retaining a xerox of the same.
May 7, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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